Old Criminal Case Guidance

Summary

In Alabama, possession charges depend on the substance and amount. If you refused a car search and passed a sobriety test, these factors might aid your defense. Probable cause is crucial for lawful searches; evidence obtained without it may be excluded. A collapsed case might indicate dismissal, but confirm with the court. The passage of time can affect witness memory and evidence reliability. Consult a lawyer to discuss probable cause, statute of limitations, and case specifics. Contact the Alabama State Bar Lawyer Referral Service for legal assistance.

Full Conversation

I have an old criminal case from *
Hi ****! Could you please specify the nature of the criminal case and your location? This information will help me provide more relevant legal details for your situation.
I live in Alabama
Hi ****! Could you please provide more details about the nature of your criminal case from *? This will help me give you the most relevant information.
I just received my first court date i was arresred for possession but when they asked to search my car i told them no also, i passed my sobriety test at the time!
Based on your situation, here are some points to consider:
- In Alabama, possession charges can vary in severity depending on the substance and amount.
- If you refused the search and passed the sobriety test, these factors might help your defense.
- Consult with a lawyer for specific legal advice.
Did the officers have a warrant or probable cause to search your car?
Ni don't think they had probable cause
If you believe the officers did not have probable cause to search your car, this could be a significant factor in your defense. Here are some general points regarding probable cause and search and seizure:
- Fourth Amendment: Protects against unreasonable searches and seizures.
- Probable Cause: Required for a lawful search without a warrant.
- Exclusionary Rule: Evidence obtained without probable cause can be excluded in court.
Have you spoken to a lawyer about these points yet?
No i just received the notice for court. It said it was a status call but it said collapsed case one the outside of the letter. What does that mean?
A "collapsed case" could mean the case has been dismissed or closed, but it's best to confirm with the court or your lawyer. A status call is typically a routine hearing to update the court on the case progress.
Would you like information on how to contact a local lawyer or court for clarification?
Yes please

Alabama State Bar Lawyer Referral Service


Phone: (*) *-*
Website: www.alabar.org

Would you like more information on what to expect during your status call?
Yes please
During a status call, the court will review the progress of your case and set future court dates or actions. Here is what you can generally expect:
- Review of Charges: The judge may review the charges against you.
- Updates: Both parties will provide updates on evidence, witnesses, and other relevant information.
- Next Steps: The court will outline the next steps in the legal process.
Would you like more details on any of these points?
Since it been * yrs will that make a difference in the case?
The passage of time can affect your case in several ways:
- Statute of Limitations: Usually applies to the time between the offense and the filing of charges, not the time to trial.
- Witness Memory: Witnesses' recollection may fade over time, possibly benefiting your defense.
- Evidence: Physical evidence may deteriorate or be lost.
Have you confirmed the specifics of your charges with the court or consulted a lawyer yet?
No
Hi ****! Considering the time that has passed and the potential issues with probable cause, it's definitely worth consulting a lawyer. Here are some things to consider:
- Statute of Limitations: You need to confirm if the charges were filed within the allowable time frame.
- Probable Cause: Discuss the lack of probable cause for the search with your lawyer.
- Witnesses and Evidence: The passage of time could impact their reliability.
Would you like help finding a lawyer who specializes in criminal defense in Alabama?
Ok ty
Hi ****! You can find an experienced criminal defense lawyer through the Alabama State Bar Lawyer Referral Service:

Alabama State Bar Lawyer Referral Service


Phone: (*) *-*
Website: www.alabar.org
Would you like more details on what to discuss with your lawyer at the initial consultation?
Yes
What to Discuss with Your Lawyer at the Initial Consultation:
- Details of the Arrest: Explain the circumstances of your arrest, including your refusal of the search and passing the sobriety test.
- Probable Cause: Discuss the lack of probable cause for the search.
- Status Call: Clarify what to expect during the status call and the meaning of "collapsed case."
- Statute of Limitations: Ensure the charges were filed within the allowable time frame.
- Evidence and Witnesses: Consider potential issues with the reliability of evidence and witness memory due to the passage of time.
Would you like more information on any of these points?
No that's all
Great, ****. It looks like you have a good grasp of the key points to discuss with your lawyer. Given the circumstances, consulting with a lawyer is crucial to your defense. Best of luck with your case!
If you have any other questions in the future, feel free to reach out.
Can you email this to me? ****ld88@gmail.com
Hi ****, I'm unable to send emails directly. However, you can copy the conversation and email it to yourself or share it with your attorney. If you have any more questions or need further assistance, feel free to ask!